CA3: No REP from police being in a hotel hallway and then having RS for a frisk

The odor of marijuana coming from defendant’s hotel room was reasonable suspicion for his later stop and frisk in the hallway. “Appellant’s brief could also be read to assert that the police lacked reasonable suspicion to patrol the motel hallway. To the extent that Appellant raises this claim, it fails because Appellant had no reasonable expectation of privacy in this common area of the motel, which was open to guests and the public alike. See United States v. Acosta, 965 F.2d 1248, 1252 (3d Cir. 1992).” United States v. Dockery, 2018 U.S. App. LEXIS 16601 (3d Cir. June 20, 2018).

“We reject defendant’s contention that Supreme Court erred in denying his suppression motion without a hearing. Taking into account that defendant was aware that the recorded jail phone calls were monitored by law enforcement, defendant had no reasonable expectation of privacy over them.” He also had no right to have the state use a subpoena to get them. People v. Russ, 2018 NY Slip Op 04597, 2018 N.Y. App. Div. LEXIS 4561 (3d Dept. June 21, 2018).

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